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Devlin v. Smith
''Devlin v. Smith'', 89 N. Y. 470 (1882)〔(Opinion )〕 was a seminal case decided by the New York Court of Appeals in the area of product liability law.
The Court held that a duty to third parties "exists when a defect is such as to render the article in itself imminently dangerous, and serious injury to any person using it is a natural and probable consequence of its use." The Court further held that scaffolding to be used in the painting of a courthouse was an inherently dangerous article.
==Background==
Smith, a painter, employed Stevenson, a contractor, to build a 90-foot-tall scaffold for the express purpose of enabling the painter's workmen to stand upon it. A workman employed by Smith was killed by a fall, caused by the negligence of Stevenson in the construction of the scaffold upon which he was working. As Cardozo noted in McPherson, the contractor knew that workmen would use the scaffold and that, if improperly constructed, the scaffold was a dangerous trap.
The administratrix sued both Smith and Stevenson for negligence. The trial court dismissed her complaint. The Supreme Court in the Second Judicial Department (New York) affirmed. The administratrix appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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